Jump to Navigation
Jump to Content

Al Turi Landfill, Inc. v. New York State Dep't of Envtl. Conservation

Citation: 33 ELR 20100
No. No. 129, 781 N.E.2d 892/(N.Y., 10/24/2002)

The court holds that a state environmental agency properly denied a company's application for a permit to expand its municipal solid waste disposal facility. During the pendency of the application, the company was fined for federal tax-related crimes spanning several years, and its three principals were sentenced to prison and ordered to pay substantial fines and restitution. The state environmental agency subsequently denied the company's application, finding that it was unfit given the criminal history of the company and its principals, and that the company's unfitness outweighed any need for landfill expansion. The court first holds that the agency's determination was rational, based on substantial evidence, and not discriminatory. The admitted criminal histories of the company and its principals—involving deceit in the operation of their business over several years—provides ample basis for denying the expansion permit. There is also no valid basis for the company's argument that, compared to other entities, it has been the victim of improper discrimination. Nor did the permit denial violate Correction Law §752. Although the company's criminal activities did not generally involve the violation of environmental laws, the elements inherent in the criminal conduct for which the company and its principals were convicted have a direct relationship to the duties and responsibilities inherent in the license sought, including accurate recordkeeping, effective self-policing, and honest self-reporting to government.

Christopher J. McKenzie
Beveridge & Diamond
477 Madison Ave., 15th Fl., New York NY 10022
(212) 702-5400

Counsel for Respondents
Gregory J. Nolan, Ass’t Attorney General
Attorney General’s Office
120 Broadway, 25th Fl., New York NY 10271
(212) 416-8050